Article 115. Conspiracy and proposal to commit treason; Penalty. - The conspiracy or proposal to commit the crime of treason shall be punished respectively, by prision mayor and a fine not exceeding P10,000 pesos, and prision correccional and a fine not exceeding P5,000 pesos.


 How is the crime of conspiracy to commit treason committed?

 Conspiracy to commit treason is committed when in time of war, two or more persons come to an agreement to levy war against the government or adhere to the enemies and to give them aid or comfort, and decide to commit it. (Art. 8 and 114, RPC)
Elements:

(1) There is a war in which the Philippines is involved

(2) At least two persons come to an agreement to –
(a) Levy war against the government; or
(b) Adhere to the enemies, giving them aid or comfort

(3) That person proposes its execution to other persons
(4) They decide to commit it


How is the crime of proposal to commit treason committed?

 Proposal to commit treason is committed when in time of war, a person who has decided to levy war against the government or adhere to the enemies and to give them aid or comfort, proposes its execution to some other person or persons. (Art. 8 and 114, RPC)


Elements:

(1) There is a war in which the Philippines is involved

(2) At least one person decides to –
(a) Levy war against the government; or
(b) Adhere to the enemies, giving them aid or comfort

(3) That person proposes its execution to other persons


● General rule: Conspiracy and proposal to commit a felony is not punishable under Article 8.

Exception: Under Article 115, mere conspiracy or proposal to commit treason is punishable. This is because, in treason, the very existence of the state is endangered. [Reyes]


● The two-witness rule does not apply to conspiracy or proposal to commit treason because this is a separate and distinct offense from that of treason. [US vs. Bautista, 6 Phil 581]